(STAMP) JAN 26 1993

DJ 202-PL-16

Mr. J. Keith Ausbrook

Collier, Shannon & Scott
3050 K Street, NW
Washington, DC 20007

Dear Mr. Ausbrook:

This letter is in response to your inquiry on behalf of the

American Car Rental Association ("ACRA") to determine whether its
members must provide vehicles equipped with hand controls when
doing so would be readily achievable, and to identify the
circumstances under which providing vehicles equipped with hand
controls would be readily achievable.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice and it is not binding on the Department of Justice.

Title III of the ADA imposes certain obligations on places

of public accommodation. The Act lists twelve types of entities
as places of public accommodation, including the category of
rental establishments. Please see the enclosed title III
regulation at section 36.104 on pages 35594 and 35551 for more on
the definition of a place of public accommodation.

The owners and operators of places of public accommodation

may not discriminate on the basis of an individual's disability
when providing goods and services to that person. To prevent
such discrimination, the owners and operators must remove
barriers to accessibility of their goods and services if removal
is readily achievable, i.e., easily accomplished and able to be
carried out without much difficulty or expense. Installation of
vehicle hand controls is an example included in the title III
regulation of a step towards barrier removal. Please see the
regulation at section 36.304 on page 35597 and pages 35568-70 for
further discussion.

cc: Records, Chrono, Mobley, Wodatch, FOIA, Friedlander, Breen

udd:Mobley:ACRA.Letter

01-01857​ -2-

The failure to provide hand controls is considered a barrier

that must be removed if providing hand controls is readily
achievable. Whether it is readily achievable depends on a host
of factors such as those mentioned in your letter at page two.
Your main concern appears to be the cost of obtaining and
installing hand controls. As cited above, expense is one factor
that may properly be weighed in determining whether ACRA's
members must obtain and install hand controls on rental cars.
The Department has declined to establish any kind of numerical
formula for determining whether an action is readily achievable.
Instead, the Department has approved a flexible case-by-case
balancing of the listed factors. Please see the enclosed title
III regulation at section 36.104 on pages 35594 and 35554 for
further discussion.

The readily achievable standard also addresses legitimate

safety considerations. To the extent that certain vehicle models
cannot safely be fitted with hand controls, provision of hand
controls on those vehicles is not readily achievable. However,
for a safety concern to be considered legitimate it must be based
on actual risks and must be necessary for the safe operation of
the services provided.

Another factor to be considered under the readily achievable

standard is whether or not the customer has provided the rental
car company with adequate notice. What constitutes adequate
notice will vary depending on factors such as the remoteness of
the location, the availability of trained mechanics, the
availability of hand controls, and the size of the fleet. For
example, notice of an hour or less may be adequate at a large
city site where it is readily achievable to stock hand controls
and to train mechanics in how to install them properly. On the
other hand, notice of two days might be inadequate for a small,
rural site where it is not readily achievable to keep hand
controls in stock and where there is only a part-time mechanic
who has been trained in the proper installation of controls.
These examples should not be construed as hard and fast rules;
in any given situation, a wide variety of factors must be weighed
to determine whether barrier removal is readily achievable.

ACRA members should note that the obligation to engage in

readily achievable barrier removal is a continuing one. Over
time, barrier removal that initially was not readily achievable
may later be required because of changed circumstances. For
example, a site that has a full-time trained mechanic only during
the summer months may have to shorten the notice period it
requires of its customers during those months.

I have also enclosed this Department's Title III Technical

Assistance Manual which was written to guide individuals and
entities having rights and obligations under the Act toward a

01-01858

-3-

fuller understanding of the law. Pertinent discussion is found

at page two (definition of a place of public accommodation) and
pages 28-32 (readily achievable barrier removal).

I hope this information is useful to you in understanding

the requirements of the ADA.

Sincerely,

John L. Wodatch
Chief

Enclosures (2)
Title III Technical Assistance Manual
Title III Regulation

01-01859​

Collier, Shannon & Scott

Robert A. Collier (1917-1984) Attorneys-at-Law Kathleen Weaver Cannon
Thomas F. Shannon Daniel J. Harrold
William W. Scott 3050 K Street, N.W. T. Michael Jankowski
David A. Hartquist Mary T. Staley
R. Timothy Columbus Washington, D.C. 20007 Robert M. Huber
Lauren R. Howard R. Randal Black
Paul D. Cullen Marcy M. Rehberger
Kathleen E. McDermott Telephone: (202) 342-8400 William A. Henry
Michael D. Sherman Telecopier: (202) 338-5534 J. Keith Ausbrook
Mark L. Austrian Robin A. Fastenau
John B. Williams Writer's Direct Dial Number Robin H. Gilbert
Paul C. Rosenthal Martin A. Wright
James R. Loftis, III William M. Guerry, Jr.
John L. Wittenborn Bernard A. Nigro, Jr.
Jeffrey L. Leiter (202) 342-8583 Dawnmarie D. Sanok*
Michael R. Kershow Carolyn O. Tillman
Jeffrey S. Beckington Kerrie L. Hook
Judith L. Oldham January 31, 1992 Alexander H. Pitofsky
Jeanne M. Forch Virginia R. Metallo
Laurence J. Lasoff Joanna K. McIntosh
Christopher J. MacAvoy Catherine A.
Micklitsch
Patrick J. Coyne Sean L. Collin**
Karen M. Lockwood Andrea B. Wenderoth*
Dennis J. Whittlesey Jason M. Branciforte
Douglas W. Charnas Stephen A. Jones
William C. MacLeod* Alan A. B. McDowell*
Sean F. X. Boland William W. Funderburk,
Jr.*
Patrick B. Fazzone* Carole Klein
K. Michael O'Connell Lisa A. Jose*
Harold W. Furman II* Jeffrey S. Longsworth*
William J. Rodgers John E. Villafranco*
Elise Kirban
*RESIDENT IN AUSTRALIA D. Hamilton Peterson*
*NOT ADMITTED IN D.C.

Mr. Phillip Breen

Office on the Americans with Disabilities Act
Civil Rights Division
United States Department of Justice
Washington, D.C. 20530

Dear Mr. Breen:

The American Car Rental Association ("ACRA") respectfully requests

that the Department of Justice ("DOJ") provide technical assistance in
ensuring that its members comply with certain provisions of the public
accommodations section of the Americans with Disabilities Act, Pub. L.
101-336, 104 Stat. 327 (1990) ("ADA") and the regulations issued thereunder,
which became effective on January 26, 1992. 56 Fed. Reg. 35,543 (1991).
Specifically, ACRA seeks (1) to determine whether its members must provide
vehicles equipped with hand-controls when doing so would be readily
achievable and (2) to identify the circumstances under which providing
vehicles equipped with hand-controls would be readily achievable.

First, conflicting provisions of the regulations raise the question of

whether car rental companies must provide vehicles equipped with hand-controls
even if doing so would be readily achievable. On the one hand, Section
36.304(b)(21) identifies the installation of vehicle hand-controls as a
barrier removal that is required if readily achievable. On the other hand,
Section 30.307 specifically states that a public accommodation is not
required to alter its inventory to include special goods that facilitate use
by individuals with disabilities. Rental cars equipped with hand-controls
could be considered altered inventory that facilitate use by individuals with
disabilities. While car rental companies have historically made vehicles
equipped with hand-controls

01-01860​January 31, 1992

Page 2

available whenever possible, the extent of the obligation to provide such

vehicles is rendered uncertain by these two provisions of the regulations.
ACRA seeks your assistance in resolving this uncertainty.

Second, if providing vehicles equipped with hand-controls is required

if readily achievable, ACRA seeks to identify the relevant factors that apply
to this industry in determining whether providing vehicles equipped with
hand- controls is readily achievable. The ADA and the final regulations state
that in determining whether any action is readily achievable the factors to
be considered include:

(1) the nature and cost of the action;

(2) the overall financial resources of the site or sites involved in

the action; the number of persons employed at the site; the effect
on expenses and resources; legitimate safety requirements that are
necessary for safe operation, including crime prevention measures; or
the impact otherwise of the action upon the operation of the site;

(3) the geographic separateness, and the administrative or fiscal

relationship of the site or sites in question to any parent corporation
or entity;

(4) if applicable, the overall financial resources of any parent

 corporation or entity; the overall size of the parent corporation or
entity with respect to the number of its employees; the number, type,
and location of its facilities; and

(5) if applicable, the type of operation or operations of any parent

corporation or entity, including the compensation, structure, and
functions of the workforce of the parent corporation.

56 Fed. Reg. at 35,594 (1991) (to be codified at 28 C.F.R. S 36.104). Under

these requirements, ACRA seeks to identify with greater specificity the
factors that are most relevant to providing vehicles equipped with
hand-controls by car rental companies.

Clearly, cost is a significant factor. The equipment costs

approximately $200 and the installation and removal by a trained mechanic
cost about $28, which is the average daily rental charge. While the cost of
the equipment may be spread over many rentals, the installation and removal
costs are incurred every time the vehicle must be so equipped. These
recurring costs differentiate this type of accommodation from other "barrier
removals" such as widening doors or removing carpeting. Thus, ACRA seeks to
determine whether the length of the rental is relevant in evaluating whether
providing a vehicle equipped with hand- controls is readily achievable. What
is readily achievable for a week-long rental may not be readily achievable
for a day's rental.

01-01861

January 31, 1992

Page 3

Similarly, an additional cost of providing the hand-controls may

include the cost of delivery of the equipment from another location. May ACRA
members properly consider this cost in determining whether providing the
vehicle is readily achievable?

ACRA is further concerned that even if the cost is not prohibitive,

the availability of the equipment may be limited. With notice of at least 48
hours, most car rental companies believe that they would be able to obtain
the equipment by overnight delivery. However, if ACRA members receive no
notice or less than 48 hours notice, they may not be able to provide the
equipment at all because the equipment is not kept on site or is already in
use by another customer. Moreover, at least 48 hours notice assures that a
mechanic is available to install the equipment; many locations, usually the
smaller ones, do not have a mechanic continuously on-site or immediately
available to perform the installation. Thus, ACRA seeks to determine whether
notice is relevant in evaluating whether such an accommodation is readily
achievable.

Finally, ACRA seeks to determine how many hand-controls a location

must have on site based on all the relevant factors. ACRA members vary
greatly in their operations. However, the availability of a mechanic, the
overall financial resources, the impact on expenses of making the
accommodation are almost all dependent upon the number of vehicles at a
location and the historical frequency of requests for this equipment. Is
there a specific number of hand-controls that ACRA members should have
immediately available based on the size of the location and the historical
frequency of requests?

ACRA looks forward to working with you to resolve these issues. Thank
you for your consideration.
Sincerely,

J. KEITH AUSBROOK
Counsel for the
American Car Rental Association

01-01862